Terms and Conditions

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 Propane Lease 

1) Applicability of Terms and Conditions; Acceptance: These Terms and Conditions governing the rental of tanks for propane and petroleum products by Consolidated Oil & Propane (the “Company”, “we”, “us”, “our”) apply to all sales from us to you the customer. You shall be considered accepting these Terms and Conditions if you (a) enter into a written or oral agreement with the company for our services, (b) request or accept our services from the Company, (c)request or accept delivery of or use and fuel, tanks, or equipment or other services from the Company (d) make payment in full or partial for any goods or services provided the Company. Your signature is not required to accept these Terms and Conditions. Consolidated Oil & Propane also has the right to amend these Terms and Conditions regarding Section 10. These Terms and Conditions override any conflicts and inconsistencies between agreements and the Terms and Conditions; and do not replace, amend, or eliminate the customer's prior fixed pricing, exclusivity, or volume contract obligations as applicable.

2) Propane Services; Supply and Deliveries, Charges and Services: Consolidated Oil & Propane offers two types of delivery methods Automatic Delivery—If you choose to be an automatic delivery service client, the company shall anticipate when your tank needs to be refilled (at the 30% mark of your gauge) based on readings from our tank monitor installed on the tank.  Will-Call Delivery—If you choose to be a will-call customer, you are responsible for requesting deliveries with adequate notice of at least five(5) business days in advance. You should give this notice once your tank reaches 30% on its tank gauge to avoid the risk of completely depleting your tank. Weather and other factors can affect our delivery services. Deliveries that are needed within the five(5) days of requesting a delivery may be subject to being charged. Deliveries less than 50% of the water volume of the tank will be charged a short fill fee and/or rate changes in product price. Automatic deliveries have precedence over will-call deliveries when the supply of propane is limited. The price of propane will not be fixed and will be based on the current price the Company is selling it for at the time of delivery unless an agreement is made in writing. Your price may vary depending on the volume delivered, your customer/service classification, propane tank ownership, competitive conditions, and other factors. 

3) Company-Owned Tank and Equipment Leases: The Company can lease any propane storage tanks and/or cylinders (each a "Tank") based on the customer's needs and projected usage, and other equipment needed. With this, no outside party of the company is allowed to make any adjustments, connections, or disconnections to the leased equipment. You agree ONLY the propane sold by the company is allowed to be pumped into the leased equipment. No outside party is allowed to fill the tank during the lease. You will let the company know immediately if there is any damage or malfunction to the leased equipment. You agree that if the residence and/or property of the service address is sold, you will notify the company at least thrity(30) days in advance as well as will inform the new owner ("buyer") that the leased equipment is owned by Consolidated Oil & Propane, LLC. The leased equipment will NEVER become part of the property and/or residency of the service address and will at all times remain property of the Company. With Leased Equipment, you agree to pay rent annually while it is installed at your service address. The rent for your leased equipment is based on the size of the tank leased and your annual usage, compared to the minimum annual usage of 150% of the tank's water volume. If repeated failure to meet the minimum usage, the company has permission to come onto the property and substitute the tank for one of lesser capacity. If the tank is removed from the service address, you are responsible for all charges in the process of removing the leased equipment, including the excavation cost of an underground tank as well as the materials or dirt used to fill in the hole. The company is not responsible for landscaping, resurfacing, or restoring the property to its previous condition upon removal. You agree to promptly surrender all leased equipment to the Company upon the end of their lease for any reason.

4) Payment Terms; Finacial Charges: If you received credit terms from the Company, you will be invoiced after the propane has been delivered or after the service has been completed. You agree to the invoiced amount before the due date set on the invoice. Any disputes on the invoice must be made within sixty(60) of receiving the invoice to the Consolidated Oil & Propane office. Ownership of propane and propane goods is not changed hand until all invoices have been paid, including overdue invoices. Having overdue invoices may interrupt your service, as the company has the right to refuse service if there are overdue invoices still on the account. Other actions the Company can take action in due to overdue invoices is to lock the leased equipment as well as suspend service until all have been paid. The Company, at any time, may require you to pay before propane may be delivered to the service address. The company may also apply any amounts it holds from you towards the outstanding balance.

5) Miscellaneous Fees and Charges: In addition to the amount stated in your agreement or from these Terms and Conditions, the price of propane delivered, and the price of rent for leased equipment if provided, the company may also assess other fees and charges against you depending on the service required or requested. The fees and charges below are some of the most frequently assessed to customers.

For orders and deliveries under 50% of the tank's water capacity volume, there is a short fill fee of $9.00.

If you request or the Company is required to make a delivery after hours or on the weekend, after-hours on weekdays (5 p.m.) will add $75, and weekend deliveries (Saturday and Sunday) will add $125 to the invoice.

If aggregate gas usage is below one and a half times (150%) the tank's water capacity volume, you may be charged an annual rent fee varying on your tank capacity. 

A Gas Safety Check Charge can happen for one of three reasons: (a) you request a GSC, (b) the Company requests a GSC, or (c) the tank is required by law to receive a GSC.

A Leak Check Charge is issued when gas is run dry, the system has been turned off, if a leak in the system is suspected, or if any other reason required by law.

Off-route Charges will occur at the Company's discretion when a will-call customer requests an emergency fill, and the company must deviate from the day's route to make the delivery.

Tank Removal Fee happens when the Company has to remove your tank due to termination of this agreement. The fee is equivalent to years rent

6) Warranties: The Company complies with all safety codes imposed by statute. The Company warrants that it has a good and marketable title to the propane delivered. The Company makes no other warranties or representations of any kind, express or implied, including without limitation, any warranty as to suitability or fitness for a particular use or purpose of the propane or equipment or facilities described above, or merchantability, and expressly disclaims and excludes all warranties.

7) Delivery: The customer authorizes delivery with or without the customer present and authorizes Consolidated Oil & Propane to enter the property for deliveries, maintenance, inspection, and removal of company equipment without legal process; and for all other purposes related to this agreement. Delivery is subject to availability of product, satisfactory condition of equipment, strikes and labor shortages, weather and other strikes of God, embargos, transportation contingencies, government orders or regulations, upkeep in payments by the customer, as well as any other circumstances

8) Termination of Agreement: This Agreement will continue in effect until it is terminated. Either party may terminate this agreement with or without cause by giving a 30-day written notice to the other party. The Company may terminate this agreement immediately and without notice for any of the following causes: (a) the customer fails to timely pay any amount due (b) the customer files a petition for bankruptcy or (c) breaches this agreement in any way (d) the minimum annual purchase requirements are not made (e) customer obtains propane from another supplier or (f) fills company-owned tank from another supplier (g) customer signs or transfers agreement without prior company notice and approval (h) customer obstructs or refuses delivery(i) customer abandons or vacates the premises (j) or the service address is sold or conveyed or is subject to any foreclosure proceedings. Following termination of the Agreement, The tank(s) and other equipment (regulators, valves, etc) need to be left for the Company to take or otherwise face billing for the equipment.

9) Liability: The Company shall not be liable for any loss or damage caused by or arising out of (a) any service interruption or Company's inability to make delivery Section 7 (b) Company non-delivery due to customers failure to pay or other breach of agreement (c) any interruption of service, filing of tank, or disconnect of service without prior notice of the Company (d) any defect in or damage to any line, equipment, or appliance of customer (e) any acts or omission of another supplier, or (f) damage to a customers driveway or landscaping or any failure of customer to remove impedements to Company's installation or service of tank.

10) Amendment: This agreement may be amended by the Company upon written notice to the client, provided that the customer may reject such amendment by written notice to the Company of termination of the agreement given within the 10 days of notice of amendment.